I am employing some staff and 2 of them were given work from home option. Among these two, one staff while working fell sick, did not recover and died after some time.
Do I have to pay him/her any compensation? Can anybody elaborate and advise me?
Do I have to pay him/her any compensation? Can anybody elaborate and advise me?
Working from Home is a new arrangement. Therefore, we are unable to give an advise in the backdrop of any verdict from the Court. But as the place from where the employee is working is expected to be a workplace, an accident caused in connection with the work shall come under the scope of accident while and during the course of employment. In case, the employee was under pressure of work, that you had tortured him mentally, and that torture could be the reason for his collapse, then also it will come under the scope of accident attracting compensation. Obviously, if he was covered by ESI, compensation payable would be paid by the ESI Corporation. On the other hand, if he was not an ESI covered employee, then the compensation as per Employees Compensation Act should be borned by the employer.
BUT all employees will not come under the purview of Employees Compensation Act. Since yours is not a factory or plantation (a factory or plantation cannot work from home) it is presumed that your establishment is a shop or commercial establishment. In respect of such establishments, the employees who are employed in an activity listed in schedule II of the Act. Clerical persons, IT Engineers etc are not employees for this purpose. Please refer to the schedule II of the Act.
From India, Kannur
4193BUT all employees will not come under the purview of Employees Compensation Act. Since yours is not a factory or plantation (a factory or plantation cannot work from home) it is presumed that your establishment is a shop or commercial establishment. In respect of such establishments, the employees who are employed in an activity listed in schedule II of the Act. Clerical persons, IT Engineers etc are not employees for this purpose. Please refer to the schedule II of the Act.
From India, Kannur
The employer had decided the work from home as 'work place' for his employed staff and have been receiving the services.
Resulting of death while on work amounts for compensation, if the claim made by the keen of the employees before the appropriate authority under EC.
Because, The Employee's Compensation Act, 1923, provides for payment of compensation to the employees and their dependants in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement(the sickness due to work load or pertaining to work pressure from the employer) .
You need to wait till the claim complaint from the appropriate authority.
From India, Mumbai
Resulting of death while on work amounts for compensation, if the claim made by the keen of the employees before the appropriate authority under EC.
Because, The Employee's Compensation Act, 1923, provides for payment of compensation to the employees and their dependants in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement(the sickness due to work load or pertaining to work pressure from the employer) .
You need to wait till the claim complaint from the appropriate authority.
From India, Mumbai
Hi Balanagendra Kumar
I'm sorry to hear about the loss of your employee. The laws surrounding compensation for remote workers who fall ill and subsequently pass away can vary depending on the jurisdiction and the terms of their employment contract. Here are some general points to consider:
Workers' Compensation Laws:
In many jurisdictions, employees who sustain injuries or illnesses related to their work are covered by workers' compensation laws. Whether an illness contracted while working from home qualifies for workers' compensation will depend on the specific circumstances and the laws in your area.
Employment Contract:
Review the employment contract of the deceased employee. It may outline provisions regarding compensation in the event of illness or death. If there's any ambiguity, seek legal advice to interpret the contract.
Company Policies:
Some companies have policies in place for situations like this. Check your company's policies and procedures manual or consult with HR to understand any applicable policies regarding compensation for remote workers in such circumstances.
Compassionate Consideration:
Even if there are no legal obligations, you might consider providing some form of compensation or support to the family of the deceased employee out of compassion. This could include payment of any accrued benefits or a one-time payment to assist the family during this difficult time.
Legal Advice: If you're unsure about your obligations or the best course of action, it's advisable to seek legal advice. A lawyer specializing in employment law can provide guidance tailored to your specific situation and help ensure that you handle the matter in a legally compliant and compassionate manner
.
Ultimately, the specifics of the situation, including the laws in your jurisdiction and the terms of the employment contract, will determine whether compensation is required. It's essential to approach the situation with empathy and sensitivity while also ensuring that you fulfill any legal obligations.
Thanks
From India, Bangalore
I'm sorry to hear about the loss of your employee. The laws surrounding compensation for remote workers who fall ill and subsequently pass away can vary depending on the jurisdiction and the terms of their employment contract. Here are some general points to consider:
Workers' Compensation Laws:
In many jurisdictions, employees who sustain injuries or illnesses related to their work are covered by workers' compensation laws. Whether an illness contracted while working from home qualifies for workers' compensation will depend on the specific circumstances and the laws in your area.
Employment Contract:
Review the employment contract of the deceased employee. It may outline provisions regarding compensation in the event of illness or death. If there's any ambiguity, seek legal advice to interpret the contract.
Company Policies:
Some companies have policies in place for situations like this. Check your company's policies and procedures manual or consult with HR to understand any applicable policies regarding compensation for remote workers in such circumstances.
Compassionate Consideration:
Even if there are no legal obligations, you might consider providing some form of compensation or support to the family of the deceased employee out of compassion. This could include payment of any accrued benefits or a one-time payment to assist the family during this difficult time.
Legal Advice: If you're unsure about your obligations or the best course of action, it's advisable to seek legal advice. A lawyer specializing in employment law can provide guidance tailored to your specific situation and help ensure that you handle the matter in a legally compliant and compassionate manner
.
Ultimately, the specifics of the situation, including the laws in your jurisdiction and the terms of the employment contract, will determine whether compensation is required. It's essential to approach the situation with empathy and sensitivity while also ensuring that you fulfill any legal obligations.
Thanks
From India, Bangalore
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Employee's Compensation Act-2009.pdf
Compensation for deceased Employee.xls
THE EMPLOYEE COMPENSATION ACT.docx